HomeMy WebLinkAbout161215AZ S + n NOTICE OF THE
,�► .r : REGULAR SESSION OF THE
op'
'}$t is Nell FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
TIME: 6:30 P.M.
WHEN: THURSDAY, DECEMBER 15, 2016
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
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REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
ii) Presentation on the Council/Manager Form of Government and overview of the
upcoming 2017 Legislative Session by League of Cities and Towns Executive
Director Ken Strobeck and Deputy Director Tom Belshe.
iii) Presentation by the Fountain Hills Branch Manager for the Maricopa County
Library District Vicki Novak regarding activities and events.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and
manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public"
unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be
placed on a future Council agenda.
CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless
a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to
discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or
with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled.
The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
November 15 and December 1, 2016.
2. CONSIDERATION of RESOLUTION 2016-40, amending the standards of financial
disclosure for local elected officials; and declaring an emergency.
3. CONSIDERATION of RESOLUTION 2016-42, abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easement located in a portion
of the westerly side property line of Plat 401B, Block 5, Lot 26 (17103 E. Cyprus Point
Court), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2016-
06).
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4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a
fund raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills,
AZ from 6:00 PM to 11:00 PM on Saturday and Sunday, February 11 and 12, 2017.
5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a fund
raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ
from 5:00 PM to 11:00 PM on Sunday, April 30, 2017.
6. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be
held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and
Wine Experience, from 10:00 AM to 5:00 PM, Friday, January 13 through Sunday, January
15, 2017.
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the
Avenue of the Fountains, in conjunction with the Thunderbird Art and Wine Show, from
10:00 AM to 5:00 PM daily, from Friday, March 24 through Sunday, March 25, 2017.
8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the
Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine
Experience, from 10:00 AM to 5:00 PM daily, from Friday, January 13 through Sunday,
January 15, 2017.
9. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT
(C2017-068) with Sunline Contracting LLC, for pavement marking and symbols, in an
amount not to exceed $50,000.
10. CONSIDERATION of approving the FIRST AMENDMENT TO COOPERATIVE
PURCHASE AGREEMENT (C2016-164.1) with Alpha Fencing & Ironworks, for guardrail
repair, removal and replacement, in an amount not to exceed $25,000.00 for FY2016-17,
and $25,000.00 for each of the next two years for a total not to exceed $75,000.00.
11. CONSIDERATION of RESOLUTION 2016-38, adopting the Town of Fountain Hills
Municipal Sponsorship and Naming Rights Policy, Amended and restated December 15,
2016.
12. CONSIDERATION of budget transfers in the amount of $34,665.51; $25,000.00 to the
Vehicle Replacement Fund from General Government Contingency and $9,665.51 to
Fountain Park Operations from General Government Contingency.
REGULAR AGENDA
13. CONSIDERATION of APPOINTING one (1) citizen to serve on the Strategic Planning
Advisory Commission to fill a vacated term, which begins on December 15, 2016 and ends
on June 30, 2017.
14. CONSIDERATION of the DESIGN CONCEPT SELECTION of the Fire Station #2
relocation project.
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15. DISCUSSION WITH POSSIBLE DIRECTION TO THE STRATEGIC PLANNING
ADVISORY COMMISSION relating to the DRAFT 2016 STRATEGIC PLAN including
suggested changes prior to its final adoption at a future Council meeting.
16. CONSIDERATION of RESOLUTION 2016-33, approving the revised Town
organizational charts for the Administration Department and the Community Services
Department, revised FY2016-17 Pay Plan, revised Schedule of Authorized positions and
revised Job Description to reclassify the Tourism Coordinator position to Communication
and Marketing Coordinator.
17. CONSIDERATION of RESOLUTION 2016-41, approving the Town of Fountain Hills
Personnel Policies and Procedures amendment relating to Merit Leave, Exempt Leave
policies, and declaring an emergency.
18. PUBLIC HEARING to receive comments on a proposed SPECIAL USE
PERMIT to allow EPCOR Water to install a 50' tall radio antenna at the Adero
Canyon Booster Pump Station and Reservoir Site. Case# SU2016-04
19. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow EPCOR
Water to install a 50' tall radio antenna at the Adero Canyon Booster Pump Station and
Reservoir Site. Case # SU2016-04
20. CONSIDERATION of RESOLUTION 2016-17, declaring as a public record that certain
document filed with the Town Clerk and entitled the Town of Fountain Hills Noise
Regulations.
21. CONSIDERATION OF ORDINANCE 16-10, adopting the Town of Fountain Hills Noise
Regulations by reference and amending the Town of Fountain Hills Town Code, Chapter
11, Section 11-1-7, by revising provisions related to noise violations.
22. PUBLIC HEARING to receive comments on ORDINANCE 16-08, amending the Town of
Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06,
by revising provisions related to noise violations. Case #Z2016-05
23. CONSIDERATION of ORDINANCE 16-08, amending the Town of Fountain Hills
Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising
provisions related to noise violations. Case #Z2016-05
24. UPDATE by Town Manager Grady Miller regarding the FOUNTAIN LAKE WATER
QUALITY.
25. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
i.) At the request of Councilmember Magazine, the topic of directing staff to analyze the impact of
a recent court case regarding the Arizona Public Safety Pension Plan as it relates to the Town's
MCSO contract, has been placed on this agenda for the purpose of discussion of placing this
topic on a future agenda for discussion and possible action.
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26. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
27. ADJOURNMENT.
DATED this 8th day of December, 2016.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk's office.
z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 5 of 5
Z S + n NOTICE OF THE
,�► .r : REGULAR SESSION OF THE
op'
'}$t is Nell FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
TIME: 6:30 P.M.
WHEN: THURSDAY, DECEMBER 15, 2016
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town's
various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to
consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town
Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording.
Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal
action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a
recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk's position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker
will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i)
reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
z:Acouncil packets\2016\rl61215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 1 of 5
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
ii) Presentation on the Council/Manager Form of Government and overview of the
upcoming 2017 Legislative Session by League of Cities and Towns Executive
Director Ken Strobeck and Deputy Director Tom Belshe.
iii) Presentation by the Fountain Hills Branch Manager for the Maricopa County
Library District Vicki Novak regarding activities and events.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and
manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public"
unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be
placed on a future Council agenda.
CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, non -controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless
a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to
discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or
with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled.
The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
November 15 and December 1, 2016.
2. CONSIDERATION of RESOLUTION 2016-40, amending the standards of financial
disclosure for local elected officials; and declaring an emergency.
3. CONSIDERATION of RESOLUTION 2016-42, abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easement located in a portion
of the westerly side property line of Plat 401B, Block 5, Lot 26 (17103 E. Cyprus Point
Court), as recorded in Book 155, Page 12, records of Maricopa County, Arizona. (EA 2016-
06).
z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 2 of 5
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a
fund raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills,
AZ from 6:00 PM to 11:00 PM on Saturday and Sunday, February 11 and 12, 2017.
5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for the Fountain Hills Theater (Patricia Torrilhon) for the promotion a fund
raiser to be held at the theater, located at 11445 N. Saguaro Boulevard, Fountain Hills, AZ
from 5:00 PM to 11:00 PM on Sunday, April 30, 2017.
6. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Cellar 433 (John McLoughlin) for the promotion of a fund raiser to be
held on Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and
Wine Experience, from 10:00 AM to 5:00 PM, Friday, January 13 through Sunday, January
15, 2017.
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the
Avenue of the Fountains, in conjunction with the Thunderbird Art and Wine Show, from
10:00 AM to 5:00 PM daily, from Friday, March 24 through Sunday, March 25, 2017.
8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION for Grand Canyon Winery, Inc (Charles Martinet) to be located along the
Avenue of the Fountains, in conjunction with the Fountain Hills Sculpture and Wine
Experience, from 10:00 AM to 5:00 PM daily, from Friday, January 13 through Sunday,
January 15, 2017.
9. CONSIDERATION of approving a COOPERATIVE PURCHASE AGREEMENT
(C2017-068) with Sunline Contracting LLC, for pavement marking and symbols, in an
amount not to exceed $50,000.
10. CONSIDERATION of approving the FIRST AMENDMENT TO COOPERATIVE
PURCHASE AGREEMENT (C2016-164.1) with Alpha Fencing & Ironworks, for guardrail
repair, removal and replacement, in an amount not to exceed $25,000.00 for FY2016-17,
and $25,000.00 for each of the next two years for a total not to exceed $75,000.00.
11. CONSIDERATION of RESOLUTION 2016-38, adopting the Town of Fountain Hills
Municipal Sponsorship and Naming Rights Policy, Amended and restated December 15,
2016.
12. CONSIDERATION of budget transfers in the amount of $34,665.51; $25,000.00 to the
Vehicle Replacement Fund from General Government Contingency and $9,665.51 to
Fountain Park Operations from General Government Contingency.
REGULAR AGENDA
13. CONSIDERATION of APPOINTING one (1) citizen to serve on the Strategic Planning
Advisory Commission to fill a vacated term, which begins on December 15, 2016 and ends
on June 30, 2017.
14. CONSIDERATION of the DESIGN CONCEPT SELECTION of the Fire Station #2
relocation project.
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15. DISCUSSION WITH POSSIBLE DIRECTION TO THE STRATEGIC PLANNING
ADVISORY COMMISSION relating to the DRAFT 2016 STRATEGIC PLAN including
suggested changes prior to its final adoption at a future Council meeting.
16. CONSIDERATION of RESOLUTION 2016-33, approving the revised Town
organizational charts for the Administration Department and the Community Services
Department, revised FY2016-17 Pay Plan, revised Schedule of Authorized positions and
revised Job Description to reclassify the Tourism Coordinator position to Communication
and Marketing Coordinator.
17. CONSIDERATION of RESOLUTION 2016-41, approving the Town of Fountain Hills
Personnel Policies and Procedures amendment relating to Merit Leave, Exempt Leave
policies, and declaring an emergency.
18. PUBLIC HEARING to receive comments on a proposed SPECIAL USE
PERMIT to allow EPCOR Water to install a 50' tall radio antenna at the Adero
Canyon Booster Pump Station and Reservoir Site. Case# SU2016-04
19. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow EPCOR
Water to install a 50' tall radio antenna at the Adero Canyon Booster Pump Station and
Reservoir Site. Case # SU2016-04
20. CONSIDERATION of RESOLUTION 2016-17, declaring as a public record that certain
document filed with the Town Clerk and entitled the Town of Fountain Hills Noise
Regulations.
21. CONSIDERATION OF ORDINANCE 16-10, adopting the Town of Fountain Hills Noise
Regulations by reference and amending the Town of Fountain Hills Town Code, Chapter
11, Section 11-1-7, by revising provisions related to noise violations.
22. PUBLIC HEARING to receive comments on ORDINANCE 16-08, amending the Town of
Fountain Hills Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06,
by revising provisions related to noise violations. Case #Z2016-05
23. CONSIDERATION of ORDINANCE 16-08, amending the Town of Fountain Hills
Zoning Ordinance, Chapter 5, Section 5.19, and Chapter 18, Section 18.06, by revising
provisions related to noise violations. Case #Z2016-05
24. UPDATE by Town Manager Grady Miller regarding the FOUNTAIN LAKE WATER
QUALITY.
25. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
i.) At the request of Councilmember Magazine, the topic of directing staff to analyze the impact of
a recent court case regarding the Arizona Public Safety Pension Plan as it relates to the Town's
MCSO contract, has been placed on this agenda for the purpose of discussion of placing this
topic on a future agenda for discussion and possible action.
z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 4 of 5
26. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
27. ADJOURNMENT.
DATED this 8th day of December, 2016.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this
meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council
with this agenda are available for review in the Clerk's office.
z:\council packets\2016\r161215\161215a.docx Last Printed: 12/8/2016 9:59 AM Page 5 of 5